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Articles 1 - 10 of 10
Full-Text Articles in Law
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
December 28, 2007: The Neocons And Religion, Bruce Ledewitz
Hallowed Secularism
The Neocons and Religion
New York's Judicial Selection Process Is Fine – It's The Party System That Needs Fixing, James A. Gardner
New York's Judicial Selection Process Is Fine – It's The Party System That Needs Fixing, James A. Gardner
Other Scholarship
New York's system of electing lower court judges has long been notorious for providing the appearance of democracy without any of the substance. Although the people are given an opportunity to vote for judges, the really meaningful choices about who will run, where, and whether judicial elections will even be contested have for years been made by party insiders. Last year, in a case soon to be heard by the U.S. Supreme Court, the Second Circuit invalidated New York's method of electing judges on the ground that it violates the associational rights of party rank and file. In this brief …
Democrats Get Religion – Just In Time, Bruce Ledewitz
Democrats Get Religion – Just In Time, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
The Wall Falls, Bruce Ledewitz
The Wall Falls, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Judicial Independence And The Rule Of Law: Lessons From Post-Menem Argentina, Christopher J. Walker
Judicial Independence And The Rule Of Law: Lessons From Post-Menem Argentina, Christopher J. Walker
Christopher J. Walker
Argentina, like much of Latin America, has historically been plagued by what some call delegative democracy or a democracy without any developed rule of law. However, the Kirchner Administration has brought a glimmer of hope to the twentieth-first-century Argentine democracy. President Néstor Kirchner was elected in 2003, after what was probably the most serious institutional, financial, and economic crisis in Argentina in recent times. When elected, Kirchner promised to address the perceived lack of independence of the Supreme Court and to restore the rule of law. This paper explains why Kirchner's efforts, without more, will not be enough to (re-)build …
The European Constitution And Its Implications For China, Xingzhong Yu
The European Constitution And Its Implications For China, Xingzhong Yu
Cornell Law Faculty Publications
The European Constitution is significant not only for the European Union, but also for a developing constitutional system like that of China. The EU constitutional practice may have positive implications on China's constitutional theory and practice. In the wake of the European constitutional achievement, Chinese constitutional scholars need to re-examine their long-held conviction in the indispensable role of the state in constitutional formation and imagination. The EU experience may have provided China with valuable insights and ways to deal with its inherited ethnic problems and improve its institutions on regional autonomy for ethnic minorities. China's own constitutional experiment in Hong …
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Michigan Journal of International Law
Can constitutional review by judges save democracy? This Article identifies and discusses the rise of "militant constitutional democracy" by exploring diverse approaches to the role of constitutional and transnational judicial review in rights protection and the challenges that these approaches present to the workings of democracy, the possibilities of compromise, consensus, and conciliation in political life, and the challenge to other constitutional values as well. "Militant constitutional democracy" ought to be understood as belonging to transitional constitutionalism, associated with periods of political transformation that often demand closer judicial vigilance in the presence of fledgling and often fragile democratic institutions; it …
The D'Oh! Of Popular Constitutionalism, Neal Devins
The D'Oh! Of Popular Constitutionalism, Neal Devins
Michigan Law Review
This Review will be divided into three parts. Part I will both summarize The Most Democratic Branch and highlight some of the difficulties that the Supreme Court would face in implementing Rosen's decision-making model. In particular, by allowing the Court to invalidate laws for a host of "antidemocratic" reasons, Rosen's matrix does not constrain the Court in a predictable way. Part II will examine some of the empirical evidence about public attitudes toward the Supreme Court, including public awareness of Supreme Court decisions. I will contend that the Court cannot look to the people to sort out the Constitution's meaning …
Mandatory Constitutions, Paul D. Carrington
Collective Deliberative Democracy As An Indigenous Right To Self-Determination, Russell Miller
Collective Deliberative Democracy As An Indigenous Right To Self-Determination, Russell Miller
Russell A. Miller
No abstract provided.